CREDITWRENCH and trademark registration

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Monday, February 21, 2005 CREDITWRENCH and trademark registration CREDITWRENCH CEO Bill Bauer has advertised on his website/blogs and even posted to message boards, the name CREDITWRENCH followed by ®. This would indicate that CREDITWRENCH is a federally registered trademark and properly filed with the US Patent and Trademark Office. However, the USPTO has no record of any such registration. Quoting from §906.04 issued by the USPTO, "use of a federal registration symbol that is deliberate and intended to deceive or mislead the public is fraud". Now why isn't it suprising that CREDITWRENCH has committed fraud? Well for one thing, it's his specialty. He advertises that he does credit repair, but because he's not compliant with federal statutes in the operation of a credit repair business, he then denies it. He claims to be incorporated in the state of Oklahoma, however CREDITWRENCH is not registered with the Oklahoma Secretary of State as a corporation. Those 3 things alone show that CREDITWRENCH is nothing more than a scam indended to bilk unwary consumers of their money. More ugliness Creditwrench now is uploading his picture to porno newsgroups. Of course he's using a different name now so they don't recognize the spam, but that's his picture alright. Sunday, February 20, 2005 UPSET? If you arrived at Uncle Normie's blog because of spam in your usenet group, I suggest you lodge a formal complaint by clicking below: Email complaint Have a blessed day! The real Uncle Normie. Saturday, February 19, 2005 CREDITWRENCH falsely claiming to be incorporated The use of the term CREDITWRENCH Inc., implies that CREDITWRENCH is incorporated under the terms of the Oklahoma General Corporation Act. However, the Oklahoma Secretary of State does not show any such corporation registered. So what does this mean? For one thing, it is a misdemeanor under Oklahoma statute to purport to be a corporation when it isn't registered as such. So no big deal, other than it's still a criminal act. However, CREDITWRENCH CEO Bill Bauer is probably unaware of the more serious consequences of his falsely claiming CREDITWRENCH to be incorporated. According to Oklahoma Statute: Any corporation, association or organization whose right to do business shall be thus forfeited shall be denied the right to sue CREDITWRENCH, as an entity, has no legal standing in a court of law; CREDITWRENCH can't sue squat. Additionally: Every contract entered into by or in behalf of such corporation, association or organization, after such forfeiture as provided herein, is hereby declared to be voidable. He cannot legally enter into a contract with anyone for anything. Including his credit repair scam which he is now promoting as a work at home scheme as well. CREDITWRENCH claiming to be incorporated when he is not is false, misleading, and is a criminal offense. Next we'll discuss his illegal claim that CREDITWRENCH is registered® with the USPTO Friday, February 18, 2005 Why you should never communicate with CREDITWRENCH The other day it came to light that CREDITWRENCH CEO Bill Bauer uses a commercially available email service which provides a return receipt upon delivery of an email. In simple terms, if you are online and open an email he sent to you, he gets back exactly the same header information he would receive if you replied to the email. CREDITWRENCH CEO Bill Bauer elaborated further as to why he subscribes to this service: I want to be able to geographically track everyone who ever communicates with me for any reason whatever in case I ever need to "park in front of their house". After reading his statement above, keep in mind, CREDITWRENCH CEO Bill Bauer made a death threat against poor old Uncle Normie. You can read about it here, about 25 posts down. Plus he has violated a number of stalking laws in my state since the death threat he made. Considering the above, do you really want to communicate anything to CREDITWRENCH CEO Bill Bauer? If your purpose in using his service is because collectors are calling you, do you really want to exchange that for a deranged man parking in from of your house? There is a way to avoid receiving any tracking e-mails that can ultimately put you and your family in harms way from CREDITWRENCH CEO Bill Bauer. The best way of course is to avoid having anything to do with either his credit repair scams, or his work at home con. For additional protection, I discovered another solution in correspondence I've exchanged recently with the principals of mailtracking.com. Simply provide your email address to optout@MailTracking.com and CREDITWRENCH CEO Bill Bauer will never be able to send you an email through their service again. Of course from a financial standpoint, your best bet is to avoid CREDITWRENCH altogether. Tomorrow I will be providing further evidence of false and misleading information that CREDITWRENCH CEO Bill Bauer continues to post on the internet. Thursday, February 17, 2005 CREDITWRENCH and the saga of nonjudicial foreclosure In my prior post I pointed out that Oklahoma Statutes provide for nonjudicial foreclosure. The pupose of this was to set aside CREDITWRENCH CEO Bill Bauer's contention that, because he knows so much about vacating judgments, he would never again be displaced from his home. As was pointed out to Mr. Bauer, under nonjudicial foreclosure, there is no judgment to vacate, not even a court appearance. The lender simply follows the statutory notification procedures, and proceeds with eviction, taking back their interest in the property because default on the part of the mortgagor. Unsatisfied that this was a valid legal process, he proceeds, he claims, to contact 3 state senators who are attorneys, 5 banks, and a sheriff. All of whom apparently gave the same answer; Uncle Normie is making the whole thing up, doesn't know what he's talking about, braying like a jackass, etc., etc. I thought surely someone in the above group has heard of nonjudicial foreclosure, particularly the senator/attorneys. So I provided Mr. Bauer with the Oklahoma statute that makes nonjudicial foreclosure a remedy under what's known as a power of sale provision that is contained in a mortgage in the 26 states that allow for nonjudicial foreclosure. Mr. Bauer then indicated that I was referencing old law. That the only available statutes on the internet were from 1999 and may have been changed. As I clearly pointed out, I was using the annotated statutes, the latest revision of those statutes, and in fact the statutes were updated on the internet just 2 months ago. Now CREDITWRENCH CEO Bill Bauer begins to sing a different tune. But, because he doesn't like issues confused by someone stating facts, he next "consults" with an attorney who specializes in foreclosures. Using legal advice CREDITWRENCH CEO Bill Bauer allegedly obtains from OKC attorney Don Timberlake, he takes the position that even under Article 46, a consumer has a right to demand a judicial hearing. Not only does CREDITWRENCH CEO Bill Bauer and his alleged legal counsel Don Timberlake fail to quote the statute in its entirety, they quote it out of context. The relevant part of Article 46 dealing with the power of sale by the mortgagee is: A power of sale has been granted in this mortgage. A power of sale may allow the mortgagee to take the mortgaged property and sell it without going to court in a foreclosure action upon default by the mortgagor under this mortgage What CREDITWRENCH CEO Bill Bauer and his legal counsel OKC attoreny Don Timberlake apparently are confused by is the very next part, which states: in a mortgage transaction involving the mortgagor's homestead, if the mortgagor, at least ten (10) days before the property is to be sold under the power of sale, sends written notice by certified mail to the mortgagee stating that the property involved is the mortgagor's homestead and that judicial foreclosure is elected, and files of record a copy of such notice which contains the legal description of the property in the office of the county clerk of the county where the property is located, the mortgagee must pursue any foreclosure by judicial proceeding in a court of competent jurisdiction So this means if the mortgaged property is the homestead of the debtor, they can request a procedural hearing in court before a judge before foreclosure can be executed. But under §46-1, any interest in a property is described as a "mortgage". The topic of this entire subject is based on the primary lender, first mortgage if you will. As such, we must now determine if the homestead exemption applies. According to Oklahoma Statutes, Article 31 section 5 paragraph 1, it clearly does not: §31‑5. Homestead exemptions shall not apply, when. The exemption of the homestead provided for in this chapter shall not apply where the debt is due: 1. For the purchase money of such homestead or a part of such purchase money. There clearly is no homestead exemption that can be claimed against the money that was used to purchase the property, therefore there can be no request for a judicial foreclosure. Wednesday, February 16, 2005 Power of sale and Oklahoma statute Notice to the Oklahoma State Senate Ethics Committee: It has come to my attention, through a credit repair blog of CREDITWRENCH CEO Bill Bauer, that certain Oklahoma State Senators are unfamiliar with the power of sale provision under Oklahoma Statutes, specifically Title 46. My appreciation of the wording of Title 46 is that it allows for nonjudicial foreclosure. CREDITWRENCH CEO Bill Bauer, however, indicates that legal advice given to him by three Oklahoma State Senators proves otherwise. Although Mr. Bauer refused to provide the names of the senators involved, I felt it important to bring this matter to your attention. With all due respect, I would ask that you either clarify to all Senators that Title 46 indeed provides power of sale to a mortgagor, or ask them to pass legislation to ammend the wording to indicate that it does not. unclenormie@oklahomacity.usa.com CREDITWRENCH and the law On one of his credit repair blogs, CREDITWRENCH CEO Bill Bauer claims that because of his knowledge to vacate a judgment he would never have to worry about having a foreclosure on his house.....again. Not so if he planned on buying a home in Oklahoma. Oklahoma is a nonjudical foreclosure state. That means when you buy a home there you execute a power of sale when you sign the mortgage note. If you default on the mortgage, the mortgage company can foreclose on your home without ever even going into a court room. There is no judgment, therefore no judgment to vacate. If you don't cure the default, the sheriff shows up and escorts you off the property which now belongs to the mortgage company to auction off. Now instead of building equity in your own home, you're trying to find a place to rent. And renting is like pissing away money. CREDITWRENCH CEO Bill Bauer stating you can vacate a judgment to avoid losing your home in a foreclosure proceeding is false and misleading. Monday, February 14, 2005 CREDITWRENCH and foreclosure procedures Next I will be dicussing why there is no judgment to vacate in a nonjudicial foreclosure of security interest property, nonconsensual liens, and cool stuff like that. Might also have some time to touch on some staunch supporters of CREDITWRENCH CEO Bill Bauer, like Kate Grayson? :-) CREDITWRENCH and interest rates CREDITWRENCH CEO Bill Bauer today advised readers interested in his credit repair offerings that even with bad credit they can borrow money from BankOne at 5%. Seems rather low considering that I am, at this moment, reading today's Wall Street Journal and they quote today's prime interest rate at 5.50%. (Prime interest is what banks charge their most creditworthy corporate customers.) Wonder how an Oklahoma City BankOne is able to charge credit-risk customers less than prime.

Discussion Board Discussion Board Free Credit Reports Credit Repair Organizations Act Electronic Fund Transfer Act Equal Credit Opportunity Act Fair Credit Billing Act Fair Credit Reporting Act - Home Page Fair Debt Collection Practices Act - Home Page Federal Deposit Insurance Corporation Improvement Act of 1991 Home Ownership and Equity Protection Act Identity Theft and Assumption Deterrence Act Truth in Lending Act It's Australian for FDCPA mate Been ripped off by a credit repair scam? File a complaint E-Mail unclenormie@oklahomacity.usa.com Previous CREDITWRENCH and trademark registration More ugliness UPSET? CREDITWRENCH falsely claiming to be incorporated Why you should never communicate with CREDITWRENCH CREDITWRENCH and the saga of nonjudicial foreclosure Power of sale and Oklahoma statute CREDITWRENCH and the law CREDITWRENCH and foreclosure procedures CREDITWRENCH and interest rates Archives 01/01/2005 - 01/31/2005 02/01/2005 - 02/28/2005 RSS feed Any legal information contained herein is general in nature, and should not be construed to represent your individual circumstances. For legal advice, consult an attorney licensed in your state. All material on this website is protected by copyright law